Bradford J. Badke
Jim is an established lead trial counsel with numerous recent jury and bench trial victories in bet-the-company cases in courtrooms across the country. His litigation successes for client Nova Biomedical, which faced formidable opposition from three leading life sciences companies, are highlighted in a recent Forbes magazine article. Jim has been featured as American Lawyer's “Litigator of the Week” for his successes in the landmark Therasense inequitable conduct case. Further on the basis of his work on this case, Jim and his team were recently ranked number 1 in the nation “lawyers to the innovators” by the Financial Times in its Innovative Lawyers Report “FT Law 25.”
Jim’s patent trial and litigation practice includes all technologies, but is focused primarily in the medical device, biotechnology and pharmaceutical industries, including litigation under the Hatch–Waxman Act. Jim is a pioneer in medical device patent litigation, having continuously litigated cases involving medical device patents for more than 25 years. His cases have involved a wide range of medical device technology, including blood glucose devices, surgical staplers, laparoscopic instruments and coronary stents. Based on his extensive experience in pharmaceutical cases, Jim has been recognized by Chambers USA as a “go-to” for Hatch-Waxman litigation. His cases in the pharmaceutical industry have included a number of life-saving drugs such as recombinant Factor VIII used in the treatment of hemophilia. Jim for years has been featured as a “Life Sciences Star” in Euromoney’s LMG Life Sciences.
In addition to his trial work, Jim appears regularly before the Court of Appeals for the Federal Circuit, having argued six cases before the Court in the past two years, including one (Therasense) in which the Court sat en banc. Benchmark Appellate has named Jim as a Court of Appeals for the Federal Circuit “Star,” one of less than fifty lawyers in the country to achieve this distinction.
Jim has received extensive positive feedback from clients, judges and attorney ranking institutions.
- Chambers USA ranks Jim as a leading lawyer “on the back of extensive praise for his trial skills,” and quoted a client who said “his cross examination skills are the best I've seen, he's good on his feet, and he quickly establishes a real presence and credibility with the jury.” Other “sources single out his ‘insightful and creative strategies’ which have proved to be ‘stunningly successful.’” Overall, Chambers states that he “is a seasoned patent litigator with a track record of success in the biotechnology, medical devices and pharmaceuticals spheres. He is a go-to for abbreviated New Drug Application litigation under the Hatch-Waxman Act.”
- International Asset Management (IAM) Magazine named Jim one of the world’s leading patent litigators, noting that he was a “client favorite.” In interviews conducted by IAM, clients are quoted as saying that Jim “is convenient to work with, accessible and quick to act” and “has the ability to move away from the jargon and build a persuasive case that ordinary laymen can grasp, connecting him well with a jury.”
- IAM Patent 1000 – The World’s Leading Patent Practitioners 2012 identifies Jim as a “medical device, biotechnology and pharmaceutical expert,” and states that he is “extremely popular with clients” quoting a client who stated: “He doesn’t have an air of arrogance that some trial attorneys have and is very down to earth. He is always mindful of the needs of his clients, and the quality of service he provides is special.” In its 2015 edition: he “is an authority on medical device matters . . . his fight card is chock-full with wins for pharmaceutical originators, too.”
- LMG Life Sciences 2012 identified Jim as a “Life Sciences Star,” stating “Leading the Firm’s IP litigation team is industry luminary Bradford (Jim) Badke. Known by his counterparts as a ‘heavy hitter in the industry,’ Badke has been lead counsel for many distinguished clients . . .” Jim is described by a client as "one of the most superb lawyers I have worked with" with respect to his experience with Jim in the courtroom. In its 2015 edition: he “is seasoned and experienced with numerous victories in bench and jury trials.”
- Judge James Otero (CD California): “This [case]… was exceptionally tried. It was a judge’s delight because the lawyers were so cooperative and professional and it was presented in such a well ordered form and format... [A]ll of the lawyers and all of the work were required because of the complexity of the case. So when all is said and done... it was money wisely spent... and successfully spent.” (This was at the conclusion of a jury trial in which Jim Badke lead a team representing the prevailing party.)
- Therasense, Inc. (Abbott Laboratories) v. Becton Dickinson & Co. and Nova Biomedical Corp.: Represented Nova and Becton, Dickinson and Company in a patent infringement suit involving four U.S. patents relating to blood glucose test strips. Prevailed on all four patents. Two of the four patents were disposed of on summary judgment (both declared not infringed and one invalid), the third patent was declared both invalid and unenforceable due to inequitable conduct after a six-day bench trial, and the fourth patent was invalidated on two separate grounds after a three-week jury trial. The Court also found the case to be exceptional and awarded our clients their attorneys’ fees. All judgments in this case were affirmed by the Court of Appeals for the Federal Circuit though one issue, inequitable conduct, was reconsidered by the Court en banc. Jim argued before the en banc court on this issue, and on remand, prevailed again on inequitable conduct.
- Bayer Healthcare Pharmaceuticals v. Glenmark Generics Limited et al.: Led a team in a case tried in February 2015 in the District of Delaware based on an ANDA filing relating to Finacea®, a drug used to treat Rosacea. Prevailed on both infringement and validity, case is now on appeal by Glenmark at Federal Circuit.
- Bayer Healthcare Pharmaceuticals v. River’s Edge Pharmaceuticals: Leads a team in a case pending in Atlanta based on an ANDA filing relating to Desonate®, a dermatology product.
- Nova Biomedical Corporation Confidential Arbitration: Successfully led a team representing Nova in a five day arbitration trial in 2014 concerning Nova’s blood glucose product.
- Novartis Vaccines v. Wyeth (Pfizer): Led a team in a patent infringement case in the Eastern District of Texas on recombinant Factor VIII for hemophiliacs, which settled on the eve of trial.
- CardioNet et al. v. Mednet et al.: Successfully led a team in a case involving remote cardiac monitors pending in the Eastern District of Pennsylvania which in 2014 on the eve of trial resulted in a consent judgment of infringement and validity of all five CardioNet patents-in-suit. Subsequently prevailed in proving contempt of the order by co-defendant MedTel after a two-day bench trial.
- CardioNet et al. v. ScottCare: Leads a team in a case involving remote cardiac monitors pending in the Eastern District of Pennsylvania which is set to be tried in early 2016.
- Bayer Healthcare Pharmaceuticals v. Baxter Healthcare and Bayer Healthcare Pharmaceuticals v. Nektar Therapeutics: Leads a team which has successfully obtained discovery in aid of a German litigation under 28 U.S.C. section 1782 concerning recombinant Factor VIII for hemophiliacs.
- Bayer CropScience AG et al. v. Dow Agrosciences LLC – Represented Bayer in a series of cases involving Federal Circuit appeals and a successful international arbitration involving genetically modified crops.
- Roche Diagnostics Operations, Inc. and Corange Int’l Ltd. v. Nova Biomedical Corp. et al. – Represent Nova in a patent case related to methods of using blood glucose monitoring devices by diabetic patients. Twice won summary judgment of non-infringement after a successful Markman ruling in Nova’s favor. The case is now on appeal a second time following remand.
- Medtronic MiniMed, Inc. v. Nova Biomedical Corp. et al.: Represented Nova in a misappropriation of trade secrets suit relating to a blood glucose meter and three other causes of action. Prevailed on all causes of action after a three-week jury trial in Los Angeles federal court. The trial judge later stated that the case had been “exceptionally tried.”
- King Pharmaceuticals (Pfizer) v. Teva: Successfully led a team through trial in an ANDA case on the Epipen® auto injector used to deliver epinephrine in the District of Delaware.
- PerkinElmer Inc. et al. v. Intema Ltd. – Represented PerkinElmer in declaratory judgment patent case involving Down’s Syndrome screening method. We prevailed on summary judgment of obviousness, and the case was dismissed. On appeal, the Federal Circuit gave us a complete victory by upholding the dismissal based on obviousness, and reversing the district court’s denial of summary judgment on the basis of lack of patentable subject matter.
- MedImmune Inc. v. Genentech, Inc. and MedImmune Inc. v. Centocor et al. – Represented MedImmune in landmark cases that established the legal principle that a license was not required to terminate or breach license agreement prior to seeking declaratory judgment of patent invalidity. These cases involved MedImmune’s flagship product Synagis®, a monoclonal antibody produced by recombinant DNA technology, used to prevent respiratory syncytial virus infections in infants.
- Immunomedics v. Cytogen, Inc. and C.R. Bard – Represented Cytogen and C.R. Bard in patent case related to a method for detecting and localizing tumors by targeting a marker associated with tumor cells. After a successful Markman ruling, court granted summary judgment of no infringement. The case settled after the Federal Circuit affirmed the claim construction and no literal infringement.
- LifeWatch Services, Inc. v. Braemar, Inc., and eCardio Diagnostics, LLC – Represented Braemar and eCardio Diagnostics in patent case relating to heart monitoring device technology.
- In Talecris Biotherapeutics and Bayer Healthcare LLC v. Baxter Healthcare Corp. – Represented Bayer in a patent suit relating to Baxter’s sale of GAMMAGARD® immune globulin intravenous product. Case settled after the court construed all 10 claims at issue in our client’s favor.
- Ethicon Inc. et al. v. United States Surgical Corporation – Landmark inventorship decision which resulted in the dismissal of a major patent case on the basis of a creative inventorship strategy. The case involved a substantial damages claim on surgical trocars used in laparoscopic surgery. The case was affirmed on appeal.
- Guidant v. Boston Scientific – Represented Guidant in case involving five patents on coronary stents. The case settled after extensive discovery and Markman proceedings.
- Quoted, “CardioNet Wins $1 Million in Fees After MedTel Found in Contempt,” Law360 (February 2, 2016) (Subscription required)
- Quoted, “Glenmark Tells Federal Circuit Bayer Fell Short in Finacea IP Suit,” Law360 (January 8, 2016) (Subscription required)
- Co-author, “A Cautionary Tale of Circumvention,” Intellectual Property Magazine (December 2015/January 2016) (Subscription required)
- Quoted, “MedTel Found In Contempt Again In Heart Monitor IP Fight,” Law360 (November 25, 2015) (Subscription required)
- Quoted, “Heart Monitor Company in Contempt of Patent Settlement,” The Legal Intelligencer (November 25, 2015) (Subscription required)
- Quoted, “MedTel24 In Contempt Of Heart Monitor Patent Order,” Law360 (October 6, 2015) (Subscription required)
- Cited, “Glenmark Infringed Bayer’s Finacea Patent, Judge Rules,” IP Law360 (July 28, 2015) (Subscription required)
- “A Practioner’s Guide to Obtaining U.S. Discovery in Aid of German Patent Litigation,” Mitteilungen der Deutschen Patentanwälte (2015)
- Quoted, “SCOTUS Goes Hybrid on Claim Construction; May Lead to Evidence Games Played at Trial,” Bloomberg BNA’s Patent, Trademark & Copyright Law Daily (January 21, 2015)
- Quoted, “Supreme Court Overhauls Federal Circuit’s Standard of Claim Construction Review,” Managing Intellectual Property (January 21, 2015)
- Quoted, “A Court Ruling Gives Teva how Much Time to Avoid Generic Copaxone?,”Wall Street Journal (January 20, 2015)
- Quoted, “High Court Claim Construction Ruling Set To Spur New Fights,” Law360 (January 20, 2015)
- Quoted, “Is Altering Patent Construction Review ‘Worth the Candle’? Stakeholders Weigh In,” Patent, Trademark & Copyright Law Daily (October 20, 2014)
- Quoted, “Patent Battle over Teva's Copaxone Heads to High Court,” The Am Law Litigation Daily (October 14, 2014)
- Quoted, “High Court Could Make It Harder To Reverse Patent Rulings” Law360 (October 10, 2014)
- Featured, “Resolving Patent Disputes,” Financier Worldwide (October 2014)
- Quoted, “Supreme Court Patent Rulings Shift Reform Debate,” Corporate Counsel (May 1, 2014)
- Quoted, “Patent Trolls To Think Twice After High Court Rulings,” Law360 (April 29, 2014)
- Quoted in "Take That," Forbes (December 2010)
- Regularly quoted in publications such as The Wall Street Journal, American Lawyer, National Law Journal and IP Law 360
Jim is a recognized patent litigation expert as exemplified by the following recent speaking engagements:
- ACI Paragraph IV Disputes Conference (April 2015)
- ACI Medical Device Patent Litigation Conference (March 2015)
- ACI Paragraph IV Disputes Conference (April 2014)
- ACI Medical Device Patent Litigation Conference (February 2012)
- IPO Annual Meeting (September 2011)
- ABA Webinar (June 2011)
- C5 Biotechnology Conference (March 2011)
- New Jersey Intellectual Property Law Association (March 2011)
- ACI Medical Device Patent Litigation Conference (February 2011)
- Fed. Cir. Bar Assn./Catholic University Columbus School of Law (November 2010)